Council moving boundary

Lyndaoc

We live in a rural area with no pathways. 8 years ago when we moved in we erected a small fence 50cm from the gutters and drains at the front of our property. It lined up with neighbours fences on either side of us and hedges further along. 
A new housing development is planned and the council would plan on installing a footpath past our properties.
As the road is quite narrow this will mean they will remove ours and our neighbours gates and fences to accommodate it, along with removing a tall mature hedge.
On principle I'm OK with this as pavements are good. But where do we stand with costs and damages for these moved fences, posts gates and driveways for the repositioning? 
Many thanks. 

Doozergirl

It sounds like it's their land as they can't just turn your land into a pavement? 

What appears on your title plan?

Section62

The council might compensate you for the loss/damage to the fences/posts/gates/driveways/hedges etc, or they may claim the land was always highway and these various things have been placed on highway land unlawfully.

The only way you'll find out is by asking the council what their intentions are, and checking to see whether you could evidence a claim the land has never been highway.

elsien

Lyndaoc said:

We live in a rural area with no pathways. 8 years ago when we moved in we erected a small fence 50cm from the gutters and drains at the front of our property. It lined up with neighbours fences on either side of us and hedges further along. 
A new housing development is planned and the council would plan on installing a footpath past our properties.
As the road is quite narrow this will mean they will remove ours and our neighbours gates and fences to accommodate it, along with removing a tall mature hedge.
On principle I'm OK with this as pavements are good. But where do we stand with costs and damages for these moved fences, posts gates and driveways for the repositioning? 
Many thanks. 

Moving a fence that you've put up doesn't mean that the boundary has moved if your fence is in the wrong place.
Did any of you check the deeds to see where the boundary line is before putting up your fence and gate? 

Section62

elsien said:

Did any of you check the deeds to see where the boundary line is before putting up your fence and gate? 

If by 'rural area' it means this is a road which has been highway for a very long time then the chances are the OP owns the land up to the centre of the highway - therefore boundary lines shown on deeds plans are likely to be highly speculative.  Although exceptions are sometimes found.

laceythomson

Check your title plan first thing.